Re: Used Software

From: David Swarbrick <david[_at_]swarb.demon.co.uk>
Date: Thu, 26 Oct 1995 06:43:37 GMT

In message <951025083228.2180cc62[_at_]vax2.utulsa.edu> cni-copyright[_at_]cni.org writes:
>
> As far back as I can remember, any software I have opened had disks that
> were sealed. It was breaking the seal which initiated the agreement not
> the shrink wrap around the package. The software package had an envelope
> with disks in it with warning that once you open the sealed envelope you
> were subject to the copyright agreement contain on the outside of the
> envelope. I may be wrong but that is the way I see it.

You are right that that is how the conditions seek to be imnposed, but the argument is that by the time you get that far you have already paid and completed the contract.

Next time you arein a software shop, buy - say Windows 95 - open it in th shop - breaking the box seals - look at the license inside say 'oops' go back to the till and ask for your money back. See what they say.

Then do it again, see if they still smile.

And perhaps just once more for the sheer hell of it.

You entered into a contract with the shop. If there is no contract they must give you your money back. If there is, it is too late for Microsoft (or whoever) to impose additional restrictions.

-- 
David Swarbrick, Solicitor        | Just Mooting UK Law OLS
Swarbrick & Co, Brighouse HD6 1RW | +44 (0)1484 401139 - Free Access
david[_at_]swarb.demon.co.uk           | 24hrs all speeds to v.32bis
Off 01484 722531 Fax 01484 716617 | 'Law, Computers, a bit of common'
Received on Thu Oct 26 1995 - 07:42:20 GMT

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